ICCPR Case Digest

CCPR/C/119/D/2359/2014

Communication

2359/2014

Submission: 2013.12.05

View Adopted: 2017.03.17

Mr Saidarov et. al v. Kyrgyzstan

Substantive Issues
  • Arbitrary arrest
  • Arbitrary detention
  • Discrimination
  • Ethnic origin
  • Fair trial
  • Right to legal assistance
  • Torture / ill-treatment
Relevant Articles
  • Article 14.3 (d)
  • Article 2.3
  • Article 26
  • Article 7
  • Article 9.1
  • Article 9.2
Violations

Admissibility

The Committee has noted the authors’ claims under articles 14 (3) (d) and 26 of the Covenant. In the absence of any further pertinent information on file, however, the Committee considers that the authors have failed to sufficiently substantiate, for purposes of admissibility, these allegations. Accordingly, it declares this part of the communication inadmissible under article 2 of the Optional ProtocoIn the Committee’s view, the authors has sufficiently substantiated, for the purposes of admissibility, their remaining claims under article 7, read in conjunction with article 2 (3), article 10 (2) (a), and article 9 (1) and (2) of the Covenant, declares them admissible and proceeds with their consideration of the merits. 

Recommendations

In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the authors with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated. Accordingly, the State party is obligated, inter alia, to take appropriate steps to conduct a prompt and impartial investigation into the authors’ allegations of torture; and provide the authors with adequate compensation. The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future. 

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